TSS 482 visas – New Permanent Residence Pathway
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Update (27 Nov 2023)
Good news for Employer sponsorships!
New laws coming into effect on Saturday 25 November 2023 mean that,
Big news
- A person holding a 482 visa in the ‘short-term stream’ can apply for permanent residence (this was previously impossible).
- 2 years’ full-time work on a 482 visa is enough to qualify for permanent residence. So a person with a 482 short-term stream visa (2 year duration) can theoretically qualify for permanent residence with a single 2-year visa. That’s very tight and could be a legal minefield. We will be taking extra special care with those cases.
Other news
- The job list will not apply to these permanent residence applications. If you were on the list to get a 482 visa, then you can apply for permanent residence, even if your job is removed from the list before you can apply for permanent residence.
- The Caveats (extra rules) effecting 482 cases will not effect related permanent residence applications.
- The limit of two 482 visas in short term stream has been removed
- All COVID-19 related concessions ceased on 25 November 2023
Stay tuned!
- The Minister has indicated he will announce his “overall strategy” before Christmas. In 2024 we may see
- Crackdown on Student visas
- Increased focus on labour shortages and visa-salaries
- New options for workers paid less than $70K annually
Update (6 Nov 23)
News – Impending Changes to Sponsored Work Visas
Immigration have issued a FAQ covering some of the expected changes in broad strokes.
Big Picture
They are hoping to implement changes on 25 Nov 23.
Changes to TSS 482 visa rules will only effect applications lodged *after* the changes.
Changes to ENS 186 (PR) rules will effect applications lodged *before* the changes. We are hoping all the changes are positives.
TSS 482 Visa
It appears that the two streams are being kept in place.
The short-term stream will still only yield a 2-year visa. The current requirement to travel overseas to apply for a 3rd visa will be removed. For the first time since the 482 visa was created, people with a ‘short-term stream’ visa will be able to apply for PR, as below.
ENS 186 (PR) Visa
All TSS 482 visa holders will be eligible to apply for PR via the Temporary Residence Transition stream of the ENS 186 visa.
They will be eligible after they have completed 2 years work for their sponsoring employer (it is currently 3 years). This will be a significant benefit to TSS 482 holders in the ‘short-term stream’ who only get 2 years per visa. It appears that it will be possible to apply for PR at the end of their first visa (though there is no room for error there; such cases will need to be assessed and handled carefully to avoid refusal on technical grounds). We are expecting additional technical changes to allow for some age-exemption cases to also apply after only 2 years as well.
The applicant’s job will no longer need to be on a published list. As long as they have worked for their sponsoring employer in the job they were nominated to do for their TSS 482 visa, they will be eligible. This is a good change, as it avoids people missing out simply because a list changed.
Update (3 November 2023)
Immigration have announced that they will be implementing significant changes to Australia’s work visa system on Saturday 25 November 2023.
Expected changes include,
– Permanent residence options for all holders of TSS / 482 visas
– More time for TSS / 482 holders to find a new job without fear if visa cancellation
Stay tuned for more news.
Update (at 16 May 2023)
Immigration have just amended their 5 May press release to say that the change to Minimum Salary will not affect
- existing visa holders; or
- nominations lodged before 1 July 2023.
Update (at 8 May 2023)
To upgrade from a TSS (subclass 482) visa to Permanent Residence (ENS 186 TRT) workers will only need to accrue 2 years work for their sponsor (currently its 3).
Announced here: https://www.homeaffairs.gov.au/news-media/archive/article?itemId=1057
New Permanent Residence Pathway
The Australian Government has announced that by the end of 2023 all subclass 482 visa holders will have a pathway to permanent residence. At present only a fraction have a PR option. The new PR option for everyone on a TSS (subclass 482) visa is a welcome change.
We don’t have any details yet, but this is great news for many employers and workers.
Minimum Salary
The Australian Government has announced that the floor-salary for TSS (subclass 482) visas will increase to AUD70,000 from 1 July 2023. The requirement that it also be a market-justified salary will continue to apply.
Details of the press release are here:
